§Why CasetextPricing

The People, Appellant,v.Dwight R. DeLee, Respondent.

Brief

9 Cited authorities

  1. United States v. Powell

    469 U.S. 57 (1984)   Cited 2,044 times   4 Legal Analyses
    Holding that a defendant can be convicted of telephone facilitation despite an acquittal on the predicate felony

  2. People v. Tucker

    55 N.Y.2d 1 (N.Y. 1981)   Cited 598 times   3 Legal Analyses
    In Tucker, we observed that, where a repugnant verdict was the result, not of irrationality, but mercy, courts "should not... undermine the jury's role and participation by setting aside the verdict" (55 NY2d at 7).

  3. People v. Muhammad

    2011 N.Y. Slip Op. 7302 (N.Y. 2011)   Cited 183 times   1 Legal Analyses
    Stating that acquittals on weapon possession counts "did not inherently negate" the element of "intent to cause serious physical injury" of first-degree assault by means of a weapon

  4. People v. Cahill

    2 N.Y.3d 14 (N.Y. 2003)   Cited 181 times   1 Legal Analyses
    Holding that, if the intent of a burglary is to commit murder, then it cannot be said that the murder was carried out "in furtherance of" the burglary, because the burglary "was merely a prerequisite to . . . committing the murder"

  5. People v. Davis

    58 N.Y.2d 1102 (N.Y. 1983)   Cited 281 times   1 Legal Analyses

    Argued March 22, 1983 Decided March 31, 1983 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IVAN WARNER, J. Mario Merola, District Attorney ( Robin Dolsky and Steven R. Kartagener of counsel), for appellant. Barry D. Leiwant and William E. Hellerstein for Calvin Davis, respondent. Ronald D. Degen for Benjamin Johnson, respondent. MEMORANDUM. The orders of the Appellate Division should be affirmed. Testimony offered not for the truth of its content but to

  6. People v. Alonzo

    2011 N.Y. Slip Op. 1363 (N.Y. 2011)   Cited 124 times
    Rejecting separate sexual abuse charges arising from a "single, uninterrupted occurrence of forcible compulsion," premised on the defendant's groping of different body parts of victims

  7. People v. Lewie

    2011 N.Y. Slip Op. 4766 (N.Y. 2011)   Cited 40 times
    In Lewie the mother of the decedent brought her child into the hospital where he expired (see id. at 353, 929 N.Y.S.2d 522, 953 N.E.2d 760). At the time of the child's death he “had injuries consistent with very severe abuse” (id. at 354, 929 N.Y.S.2d 522, 953 N.E.2d 760).

  8. People v. Johnson

    87 N.Y.2d 357 (N.Y. 1996)   Cited 50 times   1 Legal Analyses
    Rejecting a void-for-vagueness challenge to the depraved indifference murder statute, Penal Law section 125.25

  9. People v. Delee

    108 A.D.3d 1145 (N.Y. App. Div. 2013)   Cited 11 times
    Modifying judgment because, “based on our review of the elements of the offenses as charged to the jury, we conclude that the verdict is inconsistent, i.e., ‘legally impossible,’ insofar as it finds defendant guilty of manslaughter in the first degree as a hate crime but not guilty of manslaughter in the first degree”